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In Maryland, the Durable Power of Attorney (DPOA) form serves as a crucial legal tool for individuals seeking to ensure their financial and medical decisions are managed according to their wishes, especially in times of incapacity. This document allows you to designate a trusted person, known as your agent, to act on your behalf in various matters, from handling banking transactions to making healthcare decisions. One of the key features of the DPOA is its durability; it remains effective even if you become incapacitated, providing peace of mind that your affairs will be managed seamlessly. Additionally, the form outlines the specific powers granted to your agent, which can be tailored to meet your unique needs. This flexibility is essential, as it allows you to specify whether your agent can make decisions regarding real estate, investments, or medical treatment. Understanding the implications of this form is vital, as it involves significant trust and responsibility. By establishing a Durable Power of Attorney, you take proactive steps to protect your interests and ensure that your voice is heard, even when you may not be able to speak for yourself.
Maryland Durable Power of Attorney Preview
Maryland Durable Power of Attorney
This Durable Power of Attorney is established under the laws of the State of Maryland, specifically referencing the Maryland General and Limited Power of Attorney Act. It allows you, the Principal, to designate another person, known as the Agent, to manage your financial and legal affairs. This document remains effective even if you, the Principal, become incapacitated.
Principal Information
- Full Name: ______________________________________
- Address: ________________________________________
- City, State, Zip: ________________________________
- Phone Number: ___________________________________
Agent Information
- Full Name: ______________________________________
- Address: ________________________________________
- City, State, Zip: ________________________________
- Phone Number: ___________________________________
By this document, I, ____________ [Principal’s full name], appoint ____________ [Agent's full name] as my Agent to act on my behalf in all matters as described herein, in accordance with the Maryland General and Limited Power of Attorney Act.
Powers Granted
This Durable Power of Attorney grants the Agent the following powers:
- To conduct any and all financial transactions on my behalf.
- To buy or sell real estate on my behalf.
- To manage my personal and business finances.
- To handle matters related to insurance and retirement plans.
- To represent me in legal matters.
- To make health care decisions on my behalf, should this document be combined with a valid Maryland Medical Power of Attorney or Advance Directive.
This Durable Power of Attorney is effective immediately upon signing and shall remain effective until it is revoked by me, the Principal, or upon my death.
Signature of Principal
Date: _______________
Signature: ____________________________________________________
Signature of Agent
Date: _______________
Signature: ____________________________________________________
Witness Declaration
This document was signed in the presence of undersigned witnesses, who affirm that the Principal appeared to be of sound mind and free of duress at the time of signing.
Witness #1
- Full Name: ______________________________________
- Address: ________________________________________
- Signature: ______________________________________
- Date: ___________________________________________
Witness #2
- Full Name: ______________________________________
- Address: ________________________________________
- Signature: ______________________________________
- Date: ___________________________________________
Notarization (If Required)
This document was acknowledged before me on this date: _____________
Notary Public: ________________________________________________
My Commission Expires: ________________________________________
Form Specifications
| Fact Name | Details |
|---|---|
| Definition | A Durable Power of Attorney allows an individual to appoint someone to manage their financial and legal affairs, even if they become incapacitated. |
| Governing Law | The Maryland Durable Power of Attorney is governed by the Maryland Code, Estates and Trusts Article, Section 17-101 et seq. |
| Durability | This form remains effective even if the principal becomes incapacitated, distinguishing it from a regular Power of Attorney. |
| Principal | The person who creates the Durable Power of Attorney is known as the principal. |
| Agent | The individual appointed to act on behalf of the principal is called the agent or attorney-in-fact. |
| Signing Requirements | The form must be signed by the principal and witnessed by two individuals or notarized to be valid. |
| Revocation | The principal can revoke the Durable Power of Attorney at any time, as long as they are mentally competent. |
| Limitations | The agent must act in the best interest of the principal and cannot use the authority for personal gain unless explicitly permitted. |
| Health Care Decisions | This form does not grant authority for health care decisions; a separate Health Care Power of Attorney is needed for that purpose. |
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